Escobar-Hernandez v. Barr, 940 F.3d 1358 (10th Cir. 2019). · Go Syfert
Escobar-Hernandez v. Barr, 940 F.3d 1358 (10th Cir. 2019). Cases Citing This Book View Copy Cite
50 citation events (50 in the last 25 years) across 3 distinct courts.
Strongest positive: C-L-R (bia, 2026-05-04)
Treatment trajectory · 2019 → 2026 · click a year to view as-of
2019 2022 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) C-L-R
BIA · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
y itself, pervasive violence in an applicant's country generally is insufficient to demonstrate the applicant is more likely than not to be tortured upon returning there.
examined Cited as authority (verbatim quote) Amiryan v. Bondi (2×) also: Cited as authority (rule)
10th Cir. · 2025 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
ervasive violence in an applicant's country generally is insufficient to demonstrate the 10 appellate case: 25-9540 document: 21-1 date filed: 12/10/2025 page: 11 applicant is more likely than not to be tortured upon returning there.
examined Cited as authority (verbatim quote) Jumaev v. Garland (2×) also: Cited "see, e.g."
10th Cir. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
y itself, pervasive violence in an 14 appellate case: 21-9513 document: 010110703118 date filed: 06/29/2022 page: 15 applicant's country generally is insufficient to demonstrate the applicant is more likely than not to be tortured upon returning there.
discussed Cited as authority (verbatim quote) B.S.L. v. Garland
10th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
y itself, pervasive violence in an applicant's country generally is insufficient to demonstrate the applicant is more likely than not to be tortured upon returning there.
discussed Cited as authority (verbatim quote) Lobban v. Garland
10th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
y itself, pervasive violence in an applicant's country generally is insufficient to demonstrate the applicant is more likely than not to be tortured upon returning there.
discussed Cited as authority (rule) Garcia-Botello v. Bondi
10th Cir. · 2026 · confidence medium
See, e.g., R. at 3; Pet’r’s Opening Br. at 15; see Nasrallah, 590 U.S. at 583 (“Congress’s decision to bar judicial review of factual challenges to final orders of removal does not bar judicial review of factual challenges to CAT orders.”); see also Igiebor v. Barr, 981 F.3d 1123, 1126 (10th Cir. 2020) (“[T]he jurisdictional bar set out in 8 U.S.C. § 1252 (a)(2)(C)–(D) does not apply to final orders denying CAT relief.”). 16 Appellate Case: 24-9507 Document: 71-1 Date Filed: 02/25/2026 Page: 17 Barr, 940 F.3d 1358, 1361 (10th Cir. 2019); accord 8 U.S.C. § 1252 (b)(4)(B); Htun…
discussed Cited as authority (rule) Chumpitaz-Morales v. Bondi
10th Cir. · 2026 · confidence medium
Withholding of Removal “The burden of proof for withholding of removal is higher than for asylum and requires the applicant to prove a clear probability of persecution on account of a protected ground.” Escobar-Hernandez v. Barr, 940 F.3d 1358, 1362 (10th Cir. 2019) (internal quotation marks omitted).
discussed Cited as authority (rule) Reyna Alfaro-Zelaya v. Pamela Bondi
4th Cir. · 2025 · confidence medium
And on torture: “[T]he conditions of a country alone are ‘insufficient to demonstrate the applicant is more likely than not to be tortured upon returning there.’” Arostegui- Maldonado v. Garland, 75 F.4th 1132 , 1147 (10th Cir. 2023) (quoting Escobar-Hernandez v. Barr, 940 F.3d 1358, 1362 (10th Cir. 2019)).
discussed Cited as authority (rule) Cabrera v. Bondi
10th Cir. · 2025 · confidence medium
Moreover, “by itself, pervasive violence in an applicant’s country generally is insufficient to demonstrate the applicant is more likely than not to be tortured upon returning there.” Escobar- Hernandez v. Barr, 940 F.3d 1358, 1362 (10th Cir. 2019).
cited Cited as authority (rule) Toj-Riz v. Garland
10th Cir. · 2025 · confidence medium
Escobar-Hernandez v. Barr, 940 F.3d 1358, 1361 (10th Cir. 2019).
examined Cited as authority (rule) Galdamez-Peraza v. Garland (3×) also: Cited "see"
10th Cir. · 2024 · confidence medium
Standards of Review “Where, as here, the BIA affirms an immigration judge’s decision in a single Board member’s brief order, the BIA’s affirmance is the final agency decision, and we limit our review to the grounds for the BIA’s decision.” Escobar-Hernandez v. Barr, 940 F.3d 1358, 1360 (10th Cir. 2019).
cited Cited as authority (rule) Aguilar-Hernandez v. Garland
10th Cir. · 2024 · confidence medium
Escobar-Hernandez v. Barr, 940 F.3d 1358, 1360 (10th Cir. 2019).
examined Cited as authority (rule) Singh v. Garland (4×) also: Cited "see"
10th Cir. · 2024 · confidence medium
Standards of Review “Where, as here, the BIA affirms an immigration judge’s decision in a single Board member’s brief order, the BIA’s affirmance is the final agency decision, and we limit our review to the grounds for the BIA’s decision.” Escobar-Hernandez v. Barr, 940 F.3d 1358, 1360 (10th Cir. 2019).
discussed Cited as authority (rule) Granados-Aparicio v. Garland
10th Cir. · 2023 · confidence medium
As the agency explained, “pervasive violence in a country generally is insufficient to demonstrate the [applicant] is more likely than not to be tortured upon returning there,” id. (citing Escobar-Hernandez v. Barr, 940 F.3d 1358, 1362 (10th Cir. 2019)).
discussed Cited as authority (rule) Hidalgo-Nunez v. Garland
10th Cir. · 2022 · confidence medium
While Petitioner presented evidence “show[ing] human rights abuses committed in the country of Mexico,” without more, “pervasive violence in an applicant’s country generally is insufficient to demonstrate the applicant is more likely than not to be tortured upon returning there.” Escobar-Hernandez v. Barr, 940 F.3d 1358, 1362 (10th Cir. 2019) (citation omitted).
discussed Cited as authority (rule) Chavarin-Parra v. Garland
10th Cir. · 2022 · confidence medium
See also Escobar-Hernandez v. 11 Appellate Case: 21-9563 Document: 010110726372 Date Filed: 08/18/2022 Page: 12 Barr, 940 F.3d 1358, 1362 (10th Cir. 2019) (noting that “by itself, pervasive violence in an applicant’s country generally is insufficient to demonstrate the applicant is more likely than not to be tortured upon returning there”).
discussed Cited as authority (rule) Lockwood Alvarez v. Barr
10th Cir. · 2022 · confidence medium
Under governing authority, “pervasive violence in an applicant’s country generally is insufficient to demonstrate [that] the applicant is more likely than not to be tortured upon returning there.” Escobar-Hernandez v. Barr, 940 F.3d 1358, 1362 (10th Cir. 2019); 8 C.F.R. § 1208.17 (a) (requiring a deferral-of-removal applicant to show that he or she will likely be tortured after removal).
discussed Cited as authority (rule) Takwi v. Garland
10th Cir. · 2022 · confidence medium
Discussion A. The BIA’s Dismissal of Mr. Takwi’s Appeal of the IJ’s Order “Where, as here, the BIA affirms an immigration judge’s decision in a single Board member’s brief order, the BIA’s affirmance is the final agency decision, and we limit our review to the grounds for the BIA’s decision.” Escobar-Hernandez v. Barr, 940 F.3d 1358, 1360 (10th Cir. 2019).
cited Cited as authority (rule) Pena-Montes v. Garland
10th Cir. · 2021 · confidence medium
However, we may consult the immigration judge’s fuller explanation of those same grounds.” Escobar-Hernandez v. Barr, 940 F.3d 1358, 1360 (10th Cir. 2019) (internal citation omitted).
discussed Cited as authority (rule) Olivas-Melendez v. Barr
10th Cir. · 2021 · confidence medium
DISCUSSION “Where, as here, the BIA affirms an [IJ’s] decision in a single Board member’s brief order, the BIA’s affirmance is the final agency decision, and we limit our review to the grounds for the BIA’s decision.” Escobar-Hernandez v. Barr, 940 F.3d 1358, 1360 (10th Cir. 2019).
discussed Cited as authority (rule) Hernandez-Ortiz v. Barr
10th Cir. · 2019 · confidence medium
As with withholding of removal, it is the petitioner’s burden to show he has met the requirements for CAT relief, see Escobar-Hernandez v. Barr, 940 F.3d 1358, 1362 (10th Cir. 2019), but unlike withholding, for CAT relief a petitioner need not show that torture will be based on a statutorily protected ground, see Cruz-Funez v. Gonzales, 406 F.3d 1187, 1192 (10th Cir. 2005). 7 The BIA did not err in holding either that Mr. Hernandez-Ortiz’s CAT case largely rested on assumptions and speculation, or that assumptions and suppositions do not establish a case for CAT relief, see Matter of J-F-F…
cited Cited "see" Hernandez-Romero v. Garland
10th Cir. · 2025 · signal: see · confidence high
See Escobar-Hernandez v. Barr, 940 F.3d 1358, 1362 (10th Cir. 2019). 6 Appellate Case: 24-9535 Document: 33-1 Date Filed: 04/14/2025 Page: 7 III.
discussed Cited "see" Maldonado-Magno v. Garland
10th Cir. · 2024 · signal: see · confidence high
See Escobar-Hernandez v. Barr, 940 F.3d 1358, 1362 (10th Cir. 2019) (stating that because the burden of proof for withholding of removal is higher than for asylum, the “failure to meet the standard of proof for [an] asylum application forecloses [a] withholding-of-removal claim premised on the same facts”).
cited Cited "see" Perez-Garcia v. Barr
10th Cir. · 2020 · signal: see · confidence high
See Escobar-Hernandez v. Barr, 940 F.3d 1358, 1362 (10th Cir. 2019).
discussed Cited "see, e.g." O.C.V. v. Bondi
10th Cir. · 2025 · signal: see, e.g. · confidence medium
That rule applies only when a “single BIA member [decides] the merits of the appeal by himself [via] ‘a brief order, affirming, modifying or remanding’ under [8 C.F.R. §] 1003.1(e)(5).” Uanreroro, 443 F.3d at 1204 (quoting Cruz-Funez v. Gonzales, 406 F.3d 1187, 1190 (10th Cir. 2005)); see, e.g., Escobar-Hernandez, 940 F.3d at 1360 (applying that rule in the context of a single-judge BIA order). 12 Appellate Case: 23-9609 Document: 93 Date Filed: 08/26/2025 Page: 13 III The C.R. family asks us to grant the petition for review on essentially three grounds.
discussed Cited "see, e.g." Simpara v. Garland
10th Cir. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Escobar-Hernandez v. Barr, 940 F.3d 1358, 1361 (10th Cir. 2019) (holding petitioner failed to demonstrate that any reasonable adjudicator would be compelled to conclude, contrary to the IJ’s finding, that a past assault resulted from a personal disagreement unrelated to the petitioner’s political opinion). 13 Mr. Simpara cites a page of the expert report, Admin.
cited Cited "see, e.g." Bernal v. Garland
10th Cir. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Escobar-Hernandez, 940 F.3d at 1326 (emphasis added).
Retrieving the full opinion text from the archive…
Escobar-Hernandez
v.
Barr
18-9583.
Court of Appeals for the Tenth Circuit.
Oct 18, 2019.
940 F.3d 1358
Cited by 22 opinions  |  Published
FILED
United States Court of Appeals
PUBLISH Tenth Circuit
October 18, 2019
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
FOR THE TENTH CIRCUIT Clerk of Court
_________________________________

SANTOS RAUL ESCOBAR-
HERNANDEZ,

Petitioner,

v. No. 18-9583

WILLIAM BARR, Attorney General of
the United States,

Respondent.

_________________________________

PETITION FOR REVIEW FROM AN ORDER OF THE
BOARD OF IMMIGRATION APPEALS
_________________________________

Submitted on the briefs:

Reza Athari of Reza Athari & Associates, Las Vegas, Nevada, for Petitioner.

Joseph H. Hunt, Assistant Attorney General, United States Department of Justice, Civil Division; Carl McIntyre, Assistant Director, Office of Immigration Litigation; and Nancy Ellen Friedman, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. _________________________________

Before MATHESON, McKAY, and BACHARACH, Circuit Judges.
_________________________________

McKAY, Circuit Judge. _________________________________

Petitioner Santos Raul Escobar-Hernandez has filed a petition for review of the Board of Immigration Appeals’ decision affirming the immigration judge’s denial of his application for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT). After examining the briefs and the appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

The petition’s underlying facts rest on Petitioner’s testimony, which the immigration judge found to be credible. Petitioner is a native and citizen of El Salvador and entered the United States without a valid entry document. He fled El Salvador after he was assaulted by two men, resulting in injuries requiring medical treatment. The assault occurred when the men noticed some graffiti critical of a political party on a fence near Petitioner’s home. One of the men, whom Petitioner knew as Nelson, was fanatically devoted to the party. Although Petitioner is not politically active and told the men he did not paint the graffiti, Nelson said Petitioner was responsible for it because it was on his house and demanded he remove it. When Petitioner responded that he could not pay for removal, the men hit him and threatened to kill him. Petitioner is unsure if the men assaulted him because of the political graffiti or if they used it as an excuse to assault him merely because he was a vulnerable youth.

Petitioner later removed the graffiti, but Nelson attacked him twice more and continued to threaten him. Petitioner reported the assaults to the police and was told that they were taking the matter seriously. Petitioner then fled El Salvador, arriving in the United States less than two months after the initial assault. Petitioner is afraid to return to El Salvador. He testified that violence is prevalent in El Salvador and is used especially against youths to intimidate them. He fears returning to his home town because of Nelson’s threats, and he fears relocating elsewhere in El Salvador because other people could hurt him.

[*1359]

The immigration judge denied Petitioner’s application, and the BIA affirmed. In his petition for review, Petitioner contends the BIA should have granted him asylum and withheld his removal because he suffered past persecution and has a well- founded fear of suffering future persecution based on political opinions Nelson imputed to him. Petitioner also argues the BIA should have granted him protection under CAT because, if he returns to El Salvador, Nelson will likely torture him with the acquiescence of law enforcement.

Where, as here, the BIA affirms an immigration judge’s decision in a single Board member’s brief order, the BIA’s affirmance is the final agency decision, and we limit our review to the grounds for the BIA’s decision. Htun v. Lynch, 818 F.3d 1111, 1118 (10th Cir. 2016). However, we may consult the immigration judge’s fuller explanation of those same grounds. Id. In the asylum context, we review the BIA’s legal conclusions de novo, and we review its factual findings only for substantial evidence, viewing them as conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary. Xue v. Lynch, 846 F.3d 1099, 1104 (10th Cir. 2017); see also Htun, 818 F.3d at 1118 (noting substantial-evidence standard applies to factual determinations made in the CAT context as well).

[*1360]

With respect to Petitioner’s application for asylum, the Attorney General has discretion to grant asylum to an applicant whom he determines is a refugee. 8 U.S.C. § 1158(b)(1)(A). In this context, a refugee is one who is “unable or unwilling to return to” his country “because of persecution or a well-founded fear of persecution on account of . . . political opinion.” 8 U.S.C § 1101(a)(42)(A). The applicant bears the burden of proof to establish that he is a refugee, including, as relevant here, that his “political opinion was or will be at least one central reason” for persecution.

8 U.S.C. § 1158(b)(1)(B)(i). An applicant can establish he is a refugee by showing (1) “a well-founded fear of future persecution,” (2) “past persecution, which creates a rebuttable presumption of a well-founded fear of future persecution,” or (3) “past persecution so severe as to demonstrate compelling reasons for being unwilling or unable to return, even without any danger of future persecution.” Karki v. Holder, 715 F.3d 792, 801 (10th Cir. 2013) (quotation marks omitted). An applicant premising his claim on “a well-founded fear of future persecution must show both a genuine, subjective fear of persecution, and an objective basis by credible, direct, and specific evidence in the record, of facts that would support a reasonable fear of persecution.” Id. (quoting Estrada-Escobar v. Ashcroft, 376 F.3d 1042, 1046 (10th Cir. 2004)).

The BIA found the assault Petitioner suffered did not amount to past persecution because he failed to show the assault occurred on account of his political opinion. It instead found the assault resulted from a personal disagreement over who was responsible for the graffiti and whether Petitioner, regardless of his political opinion, should remove it. As for future persecution, the BIA likewise found any threat of future harm from Nelson was not due to Petitioner’s imputed political opinion. Further, although the BIA credited Petitioner’s subjective fear of returning to El Salvador due to Nelson’s threat and the prevalence of violence in the country, it found his fear was not objectively reasonable. It noted that the assault happened years ago during an election campaign that is now over, that Nelson is not from Petitioner’s home town and never threatened Petitioner’s family, and that there is no evidence Nelson is connected to the Salvadoran government or would be able to follow Petitioner to another part of the country. On the record before us, we cannot say that any reasonable adjudicator would be compelled to reach conclusions contrary to these. We also agree with the BIA’s conclusion that, standing alone, pervasive violence or civil unrest in an applicant’s country, without any indicia of connection to a protected ground asserted by the applicant, is not a basis for asylum. See Maatougui v. Holder, 738 F.3d 1230, 1241 (10th Cir. 2013) (“[G]reater lawlessness in general does not show persecution of a protected class, as is required for asylum relief.”).

[*1361]

Aside from asylum, “[t]he Attorney General may withhold removal if [he] determines ‘the alien’s life or freedom would be threatened’ in the country to which the alien would be removed ‘because of . . . political opinion.’” Htun, 818 F.3d at 1121 (quoting 8 U.S.C. § 1231(b)(3)(A)). “‘The burden of proof for withholding of removal is higher than for asylum’ and requires the applicant to prove a ‘clear probability of persecution on account of a protected ground.’” Id. (quoting Rodas–Orellana v. Holder, 780 F.3d 982, 986–87 (10th Cir. 2015)). Here, Petitioner’s failure to meet the standard of proof for his asylum application forecloses his withholding-of-removal claim premised on the same facts. See Rodas-Orellana, 780 F.3d at 987.

[*1362]

With respect to Petitioner’s application for CAT protection, an applicant has “the burden to prove ‘it is more likely than not that he would be tortured if removed to the proposed country of removal.’” Htun, 818 F.3d at 1122 (ellipsis omitted) (quoting

8 C.F.R. § 1208.16(c)(2)). “Torture is defined as any act by which severe pain or suffering . . . is intentionally inflicted on a person . . . when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official.” 8 C.F.R. § 1208.18(a)(1).

The BIA found Petitioner had failed to show that any harm Nelson might inflict on him upon returning to El Salvador would be inflicted with the consent or acquiescence of the Salvadoran government, as no evidence suggested Nelson was connected to the government and Petitioner acknowledged that the police appeared to take his report of the assault seriously.[1] Again, on the record before us, we cannot say any reasonable adjudicator would be compelled to reach a contrary conclusion. And, again, we agree with the BIA’s conclusion that, by itself, pervasive violence in an applicant’s country generally is insufficient to demonstrate the applicant is more likely than not to be tortured upon returning there. See Flores-Vega v. Barr, 932 F.3d 878, 887 (9th Cir. 2019); Herrera-Garcia v. Barr, 918 F.3d 558, 562 (7th Cir. 2019).

[*1363]

Accordingly, the petition for review is DENIED.

[*1364]

1 Although the BIA’s order is not pellucidly clear concerning its treatment of Petitioner’s CAT argument, it appears to have affirmed the immigration judge’s reasoning and determined that Petitioner did not offer a meaningful challenge to that reasoning in his briefing before the BIA. The Attorney General does not contend that Petitioner failed to exhaust the CAT arguments he raises in this petition for review. We conclude that, for exhaustion purposes, Petitioner sufficiently raised them before the BIA and that the BIA relied on the immigration judge’s reasoning in its affirmance. We thus review the CAT issue on the merits.